Annual elec- Vacancies; 7. The qualified voters of said town shall annually on the first Monday in April, elect a Mayor and five councilmen, to hold their offices one year thereafter, and until their successors are elected and qualined. The vacancies in said board of councilmen shall be filled by said board; in case of how file resignation, removal or death of the Mayor, the said council shall have power to appoint to fill out the unexpired term. The first election under this act shall be holden at the office of the old council, and conducted by E. C. Snodgrass, N. S. Beatty and Wm. Hall, and annually thereafter by three persons who are freeholders, selected by the council. First elec tion. Who may vote. Elections; how held. Contested elections. Oaths of office. Failure to qualify. 8. All persons resident in said town and entitled to vote for county and township officers shall be entitled to vote for Mayor and councilmen. 9. All elections shall be held in the same manner as prescribed by law for State and county officers; all contested elections shall be heard and determined by the council and their decision shall be final. 10. The Mayor, Councilmen, Sergeant and Commissioner of the Revenue shall each, before entering upon the duties of his office, and within ten days after being furnished with a certificate of his election, take and subscribe the oath prescribed for county and township officers, and that they will truly, faithfully and impartially discharge the duties of their said offices respectively, to the best of their abilities, so long as they continue in office The oaths may severally be administered by a justice of the peace or the mayor. Certificates of the said oaths or affirmations shall be recorded in the proceedings of the journal of the council. 11. If any one elected as aforesaid refuses to take the oath within ten days, the said office shall be declared vacant and the vacancy filled as heretofore provided. Presiding of 12. The council shall be presided over at its meetings by ficer of coun- the Mayor, and in his absence by the Alderman, and in the absence of both by the Clerk; the majority of the council shall be necessary to constitute a quorum to do business. cil. Journal of council. Yeas and nays. 13. The council shall cause to be kept in a journal an accurate record of all its proceedings, which shall be fully indexed and opened to the inspection of the voters of the town. The proceedings of the last meeting shall be read to the council and corrected when necessary, and signed by the person presiding. Upon the call of any member, the ayes and noes on any question shall be called and recorded in the journal. The Mayor, though not voting as a mem ber of the council, in a case of a tie shall have the casting Casting vote. vote. 14. The council so constituted shall have power within Powers of said town to open, curb and pave streets, alleys, walks and council. gutters for the public use; improve and light the same, and have them kept in good order and free from obstructions on or over them; to regulate the width of side-walks, and to order the side-walks, foot-ways and gutters to be curbed, paved and kept in good order, free and clean by the owners or occupants of the adjacent property; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to abate or cause to be abated anything which, in the opinion of a maj.rity of the council, shall be a nuisance; to regulate the keeping of all combustible matter; to provide for the burial of the dead, and for this purpose may purchase and hold necessary land for a cemetery convenient to said town, and provide for its improvement, and security; to provide for shade and ornamental trees, and against danger or damage from fires or contagious disease, and to provide a revenue for the town, and appropriate the same, and provide the annual assessment of persons and property of the town, and to adopt rules for the transaction of business, and the government and regulations of its own body; to promote the general welfare of the town, and protect the property and preserve peace and good order therein; to keep a town guard, appoint and order out a patrol when deemed necessary; to appoint such officers as they may deem proper, including a Sergeant, and Commissioner of the Revenue; to define their powers, prescribe their duties, fix their term of office, and compensation, require and take from them bonds with such surety and such penalty as the council may determine, conditioned for the faithful performance of their duties, and remove them at pleasure, all bonds to be made payable to the town by its corporate name; and to regulate and provide for weighing and measuring of hay and other articles sold or for sale in said town, and generally to do such things as the council shall deem necessary for the interest, prosperity, peace and good order of the citizens of said town. Provided, however, that nothing in this act shall be construed to interfere with the turnpike companies or the county owning roads leading to and through the corporation; and further that nothing in this act shall be construed as to require the corporation of the town of Mannington to build or keep in repair any bridge or bridges within said corporation owned by any turnpike company, or the county, but the Mayor may make such regulations with said companies, or the county, respecting their roads within the corporation as to him may seem proper, and the officers of the town in the preservation of law and order shall share jurisdiction over said roads and bridges within said corporation. Powers of Annual levy Licenses. Sergeant, his powers, duties and compensation. Lien on real estate for taxes. 15, To carry into effect these enumerated powers, and all others conferred upon said town or its council, expressly or by implication in this or any other act of the Legislature, the council shall have power to draft and enforce all needful orders, by-laws and ordinances, not contrary to the Constitutional laws of this State, and to prescribe, impose and enforce reasonable fines and penalties, including imprisonment, not exceeding thirty days; under the judgment and order of the Mayor of the said town. 16. The annual levy ordered by the council may be upon male persons within said corporation over 18 years of age, dogs, hogs, and other animals, and all real estate within said corporation, which is not exempted from State taxation, and all such other subjects in said corporation, as may at the time be assessed with State taxes, provided that the tax do not exceed sixty cents on every one hundred dollars of value of real and personal property, or two dollars per head on each taxable person; and provided further, that the tan yard buildings, stock and machinery of F. H. Burt & Son, shall not be taxed for any year more than the rate of the township tax with which they would have been chargeable if the said property had remained without the corporation. 17. When any thing for which a State license is required is to be done within the said corporation the council may require a town license for doing the same, and may impose a tax thereon for the use of the corporation, and the council may in any case require from the person so licensed a bond with sureties, in such penalty and with such conditions as it may determine. 18. The Sergeant shall collect the corporation tax, fines, levies and licenses, and within sixty days from the time he inay receive the books of the commissioner of the revenue of said town, may restrain and sue therefor in like manner as a Sheriff may for State taxes, and shall in all respects have the same powers as a Sheriff to enforce the payment and collection thereof, and shall within the corporate limits of the corporation exercise all the duties that a Constable can legally exercise in regard to the collection of claims, executing and levying process, and shall be entitled to the same compensation therefor, and he and his securities shall be liable to all the finesf penalties and forfeitures that a Constable is legally liable to, and for any failure or dereliction in said office, to be recovered in the same manner and before the same tribunal that the same is now recovered against Constables. 19. There shall be a lien on real estate for the town taxes assessed thereon from the commencement of the year for which they are assessed; and the council may order and require the same to be sold or rented by the Sergeant at public auction for their arrears with interest thereon with per centum as the council may prescribe for charges and expenses thereof, and may regulate the terms upon and time in which same may be redeemed; no such sale or renting shall be ordered until such realty shall be returned delinquent, and the sale shall be after 20 days notice at the Court House door, and the post office in said corporation. duties. 20. The Mayor shall be the chief executive officer of the Mayor, his town,shall take care that the by-laws, ordinances, and orders powers and of the council are faithfully executed; shall be ex-officio a conservator and justice of the peace in the corporation, and shall within the same exercise all the powers and duties vested in justices, except that he shall have no jurisdiction in civil causes; shall have the control of the police of the corporation, may appoint special police officers, shall see that peace and good order are preserved; shall have power to issue execution for all fines and cost imposed by him, or may require the immediate payment thereof, and in default. of such payment may commit the party in default to the jail of the county, or to such a place of imprisonment as may be provided for in said corporation until the fine and cost be paid, but the term of imprisonment shall not exceed thirty days. He shall from time to time recommend to the council such measures as he may deem needful for the welfare of the town, and shall receive a compensation for his services, to be fixed by the council; shall also receive all monies belonging to the said corporation, and disburse the same from time to time by order of the council, and countersigned by the Clerk, and not otherwise; for the performance of said duty he shall give bond and security in such sum as the council may direct. 21. All monies belonging to said corporation shall be Monies; to whom paid. paid over to the Mayor, and for any default upon the part of the Mayor or Sergeant, the council in the corporate Motion name of said corporation, may on motion, after 10 days against Maynotice, obtain judgment before the Circuit Court of the or or Sercounty, on account thereof against them, and their sureties, respectively, or any or either of them, or their heirs or legal representatives. geant. 22. The Clerk shall keep a journal of the proceedings of Clerk; his the council, and have charge of, and preserve the records duties and of the corporation, and shall receive a compensation for his tion. services, to be fixed by the council. compensa Exemption 23. The said corporation and taxable persons and pro- from road perty therein shall be exempt from all expenses cr liability tax. Rights, priv ileges and properties continued. for the construction or repair of roads or bridges outside of the corporate limits of said corporation. 24. All rights and privileges and properties of the said corporation heretofore acquired and possessed, owned and enjoyed by any act now in force, shall continue and remain vested in said corporation in this act, and all laws, ordinances, acts, resolutions, rights and liabilities existing and now in force, not inconsistent with this act, shall continue in full force and effect until regularly repealed by a council as provided under this act. CHAPTER 37.-AN ACT authorizing the Morgantown Fe- Be it enacted by the Legislature of West Virginia. Authority to The Board of Instruction of the Morgantown Female confer liter-Seminary, of the town of Morgantown, in Monongalia counary degrees. ty, West Virginia, are hereby authorized and impowered to confer such literary degrees upon the pupils of said school who complete the course of study prescribed by said board, as are usually conferred by institutions of a similar character for the education of females. Release of CHAPTER 38.-AN ACT releasing taxes charged upon the land of Joseph Smith, for the year 1865. Passed February 10, 1871. Be it enacted by the Legislature of West Virginia : 1. That Joseph Smith be, and he is hereby released from taxes errone- the payment of taxes assessed against him on one hundred ously assess-acres of land situated in the county of Jackson, and near the town of Ripley, for the year 1865, the same for said year having been charged to Edward Maguire, who has paid the taxes assessed thereon. ed. tion authori Boards of Supervisors 2. The Board of Supervisors of Jackson, and the Board and Educa of Education for Mill Creek Township, in said county, are zetores authorized to release to the said Joseph Smith, the county taxes errone- and township taxes erroneously assessed on said hundred ously assess- acres of land for the said year of 1865. ed. Corporators. CHAPTER 39.-AN ACT to incorporate the Keystone Bridge Company. Passed February 13, 1871. Be it enacted by the Legislature of West Virginia : 1. That it shall and may be lawful for H. Brockerhoff, B. H. Smith, T. B. Swann, George H. Porter, James H. Huling, J. B. Walker, William Parsons, J. M. W. Appleton, |